STATE v. DEPT. OF HEALTH AND HUMAN RES.

No. 16-0738.

793 S.E.2d 918 (2016)

STATE of West Virginia EX REL. Pressley RIDGE; Elkins Mountain School; Academy Management, LLC; Stepping Stones, Inc.; Stepping Stone, Inc.; Family Connections, Inc.; and Board of Child Care of the United Methodist Church, Inc., Petitioners v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES; Karen L. Bowling, Cabinet Secretary of The West Virginia Department of Health and Human Resources; West Virginia Bureau for Medical Services; Cynthia Beane, Acting Commissioner for the West Virginia Bureau for Medical Services; West Virginia Bureau for Children and Families; and Nancy Exline, Commissioner for the West Virginia Bureau for Children and Families, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 17, 2016.


Attorney(s) appearing for the Case

Charles Johnson, Esq. , Jared M. Tully , Andrew G. Jenkins, Esq. , Kara S. Eaton , Frost Brown Todd, LLC, Charleston, West Virginia, Counsel for Petitioners, Pressley Ridge, Elkins Mountain School, and Board of Child Care of the United Methodist Church, Inc.

Jeffrey Wakefield, Esq. , Peter T. DeMasters, Esq. , Kyle T. Turnbull, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, West Virginia, Counsel for Petitioners, Academy Management, LLC, Stepping Stones, Inc., Stepping Stone, Inc., and Family Connections, Inc.

Jennifer N. Taylor, Esq. , Charleston, West Virginia, Counsel for Amicus Curiae Davis-Stuart, Inc.; Burlington United Methodist Family Services; and Cammack Children's Center.

David J. Sisson, Esq. , Reinhart Boerner Van Deuren, S.C., Milwaukee, Wisconsin, Counsel for Amicus Curiae The Association of Children's Residential Centers.

Scott H. Kaminski, Esq. , Kaminski Law, PLLC, Charleston, West Virginia, Counsel for Amicus Curiae The Association of Children's Residential Centers.

G. Nicholas Casey, Jr., Esq. , Webster J. Arceneaux, III, Esq. , Valerie H. Raupp, Esq. , Lewis, Glasser, Casey & Rollins, PLLC, Charleston, West Virginia, Counsel for Amicus Curiae St. John's Home for Children.

Patrick Morrisey, Esq. , Attorney General, Charleston, West Virginia, Elbert Lin, Esq. , Solicitor General, Christopher S. Doddrill, Esq. , Deputy Attorney General, Steven R. Compton, Esq. , Deputy Attorney General, Charleston, West Virginia, Counsel for Respondents.


This case is before the Court upon a petition for a writ of mandamus filed by the Petitioners,1 seven entities currently under contract to provide residential services to youth in the State of West Virginia. They seek to require the Respondents, West Virginia Department of Health and Human Resources...

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